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Page 2 <br />If there is a Federal agency/money associated with this project, and the Federa] agency and the <br />applicant determine that there are depletions associated with the Worthington Pit Gravel Mine <br />expansion project, the Federal agency should request initiation of formal section 7 consultation in a <br />Ietter to my office. A request for initiation of formal section 7 consultation on water-related projects <br />associated with depletions to the central Platte River should include a complete project description <br />including water-related project elements and origin of water associated with the proposed project; an <br />estimate of the amount and timing (by month) of average annual water depletion (both existing and <br />new depletions); and describe methods of arriving at such estimates. Completion of the consultation <br />will be based on the date of receipt of the information required to conduct the consultation. If a <br />formal section 7 consultation is required, the Service will make every effort to accommodate the <br />applicant's schedules to prevent project delays. <br />Most birds, their young, eggs, and active nests are protected under the MBTA: ".. it shall be <br />unlawful at anytime, by any means or in any manner, to ... take, capture, kill, attempt [o Cake, <br />capture, or kill, possess ... any migratory bird, any part, nest, or eggs of any such bird." The MBTA <br />does not require intent to be proven and does not allow for take, except as permitted by regulations. <br />The applicant should be aware of all MBTA provisions, especially when work is to occur during the <br />breeding season. <br />If you or the applicant would like to discuss the proposed project in relation to Platte River system <br />depletive issues, please contact Sandy Vana-Miller of this office at (303) 275-2370. If you have <br />other questions regarding the project please contact Peter Plage at the same number. <br />Sincerely, <br />..~~~~c . ~~~~~- <br />Susan C. Linner <br />Colorado Field Supervisor <br />Enclosure <br />pc: U.S. Army COE (Littleton, CO) <br />Plage <br />Vana-Miller <br />Pplage:T&E12005.01:033105 <br />